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Azimut-Benetti SpA v Healey – QBD (Com Ct)(Blair J) – 3 September 2010
By a Yacht Construction Contract dated 25 September 2008, the claimant yacht builder agreed to construct, and Shoreacres Ltd agreed to buy, a white 60 metre yacht with a hull number FB256. The price was €38 million payable in instalments, and..
Online Published Date:
01 October 2010
Appeared in issue:
805 - 01 October 2010
London Arbitration 17/10
Disputes arose under a time-charterparty, clause 45 of which provided:
“Vessel’s holds on delivery or in Owners option at first loading port to be clean swept/washed down and dried up so as to receive Charterers intended cargoes in all..
Online Published Date:
01 October 2010
Appeared in issue:
805 - 01 October 2010
Reino de Espana v The American Bureau of Shipping and Ors – US District Court (SDNY)(Laura Taylor Swain DJ) – 3 August 2010
On 19 November 2002 the oil tanker Prestige, registered in the Bahamas, sank off the coast of Spain. The Prestige discharged millions of gallons of oil into Spanish territorial waters before sinking 140 miles from the Spanish coast, causing..
Online Published Date:
01 October 2010
Appeared in issue:
805 - 01 October 2010
Alpha Trading Monaco SAM v The ship “Sarah Desgagnés” and Ors – Federal Ct (Harrington J) – 24 June 2010
The Sarah Desgagnés, a Canadian-flagged vessel, owned by Transport Desgagnés Inc (“the owners”), and under time charter to Petro-Nav Inc, was under subtime charter in the Shelltime 4 form to Maritima Fluviale Di Navigazione..
Online Published Date:
01 October 2010
Appeared in issue:
805 - 01 October 2010
London Arbitration 18/10
The vessel was chartered on the Sugar Charter Party 1999 form for the carriage of “a full and complete cargo of 13,100 net metric tons minimum/maximum of sugar in loose 50 kg bags” from Santos to Tartous. A court-appointed surveyor at..
Online Published Date:
01 October 2010
Appeared in issue:
805 - 01 October 2010
AerCap Partners 1 Ltd v Avia Asset Management – QBD (Com Ct)(Gross LJ) – 7 October 2010
By an Aircraft Sale and Purchase Agreement dated 17 October 2008 the claimant (“AerCap”) agreed to sell to the defendant (“Avia”) two Boeing 757-200 aircraft for a price of US$15.4 million each. Apart from two deposit..
Online Published Date:
20 October 2010
Appeared in issue:
806 - 15 October 2010
London Arbitration 19/10
The vessel was chartered on the terms of the Vegoil form to load a full and complete cargo of 6,200 mts, up to 5% more in charterers’ option, of 1-2 grades palm oils products in bulk and to carry the same from one safe port/one safe berth..
Online Published Date:
20 October 2010
Appeared in issue:
806 - 15 October 2010
Bowoto v Chevron Corporation – US Court of Appeals (9th Circuit)(Mary M Schroeder and Jay S Baybee Ct JJ and Owen M Panner DJ) – 10 September 2010
Chevron Nigeria Ltd (“CNL”) operated the Parabe oil platform nine miles off the coast of Nigeria. On 25 May 1998 over 100 native Nigerians took over the platform to protest CNL’s destruction of the environment and refusal to..
Online Published Date:
20 October 2010
Appeared in issue:
806 - 15 October 2010
Combo Maritime Inc v US United Bulk Terminal LLC and Ors – US Court of Appeals (5th Circuit)(Jolly and Garza Ct JJ and Miller DJ) – 23 August 2010
The plaintiff (“Colombo”) sued the defendant (“United”) for damages sustained when a number of barges broke free of their moorings at United’s barge fleeting facility and drifted downstream, alliding with Combo’s..
Online Published Date:
20 October 2010
Appeared in issue:
806 - 15 October 2010
Soufflet Negoce v Bunge SA – Court of Appeal (Longmore, Wilson and Toulson LJJ) – 13 October 2010
A contract was concluded on GAFTA Form 49 by which the sellers sold to the buyers a consignment of 15,000 tons of feed barley FOB Nikotera, Ukraine. Delivery was to be “Between 9-22 October 2006 at Buyers’ call both dates included (No..
Online Published Date:
27 October 2010
Appeared in issue:
807 - 29 October 2010
London Arbitration 20/10
The vessel was chartered on a modified Asbatankvoy form for the carriage of a cargo of fuel oil from Indonesia to Thailand. Disputes arose under the charter in relation to two periods of delay suffered by the vessel.
The first period of delay
The..
Online Published Date:
27 October 2010
Appeared in issue:
807 - 29 October 2010
Oceanconnect UK Ltd and Anr v Angara Maritime Ltd (The “Fesco Angara” (No 2)) – Court of Appeal (Rix and Gross LJJ and Peter Smith J) – 12 October 2010
On 3 July 2008 the vessel Fesco Angara was time-chartered by Angara, a Marshall Islands company, to Britannia Bulkers A/S, Denmark (“Britannia”) on an amended NYPE form. Under the charterparty it was Britannia’s obligation to..
Online Published Date:
27 October 2010
Appeared in issue:
807 - 29 October 2010